patti ann browne has more from our newsroom. >> reporter: that's right, jenna. hadly barry got an emergency restraining order against her ex-boyfriend over the weekend this after a fight between the ex, gabriel aubry and her current fiance. it requires him to say away from berry, their 4-year-old daughter and according to "tmz". this week the 46-year-old actress will appear in court to ask the order to be extended. berry and aubry are in a bitter custody. berry wants to move with her to france. her fiance is french. but a judge recently denied that request. on thanksgiving day, 37-year-old aubry was dropping off her at the hoist in hollywood hills. martinez came out of the house and said something to needing to move on. he punched martinez in the shoulder. martinez hit back. police were called. aubry was taken to the hospital and sent to jail. he was charged with misdemeanor battery. "tmz" is shocked by her ex's violence in front much her own daughter and hens the retraining order. jenna: patti ann, thank you. jon: two veteran san diego police detectives rolling